ARTICLE 348 OF INDIAN CONSTITUTION: LANGUAGE OF THE COURTS AND LEGAL DOCUMENTS

Article 348 of Indian Constitution regulates court language, ensuring legal consistency while allowing limited regional language use.

ARTICLE 348 OF INDIAN CONSTITUTION: LANGUAGE OF THE COURTS AND LEGAL DOCUMENTS

Article 348 of Indian Constitution has an important role in determining what language is used in the proceedings of higher judiciary and documents used for legislative purposes. It provides uniformity and clarity in legal proceedings across India. While the provision mainly mandates the use of English language , it also permits the use of regional languages under certain circumstances . 

Provisions of Article 348 of Indian Constitution 

Some of the provisions relating to Article 348 are as under-

1. Language of Court Proceedings

• Article 348(1)(a) of the Constitution states that all proceedings in the Supreme Court of India and High Courts must be in the language of English.
• This is applicable to judgments, decrees, orders, and records of the courts.
• The purpose of doing this is for consistency in legal interpretations across different jurisdictions.

2. Language of Legislative Documents

• Article 348(1)(b) of the Constitution mandates that all Bills, Acts, ordinances, orders, rules, and regulations passed by the Parliament and State Legislatures should be in English language .
• This is done so that the official legal documents remain uniform across the country.

3. Use of Regional Languages in High Courts

• Article 348(2) allows the Governor of a State, with the President’s consent, to permit the use of Hindi or any other regional language in High Court proceedings.
• However, all judgments, decrees, and orders must still be recorded in English to maintain nationwide clarity.

Historical Context & Implementation of of Article 348 of Indian Constitution 

• India’s linguistic diversity posed a challenge in framing constitutional provisions.
• While Hindi was envisioned as the official language, English was retained for legal and official purposes for better administration.
• Several states, including Rajasthan (1950), Uttar Pradesh (1969), Madhya Pradesh (1971), and Bihar (1972), have exercised Article 348(2) to conduct High Court proceedings in Hindi.

Recent Developments & Court Judgments of Article 348 of Indian Constitution 

Recent developments relating to Article 348 are explained below-

1. Supreme Court Ruling on Hindi in High Courts (November 2024)

• A petition sought to conduct High Court and Supreme Court proceedings in Hindi, challenging Article 348(1).
• The Supreme Court dismissed the petition, emphasizing the need for English to maintain legal uniformity.
• The ruling reaffirmed that legal proceedings must remain in English for consistency across states.

2. States’ Request for Regional Languages in High Courts (2024)

• The states like Tamil Nadu, Gujarat, Chhattisgarh, West Bengal, and Karnataka requested for the permission to use their regional languages in the High Courts of their states.
• The Supreme Court of India refused the requested proposals by stating concerns over legal clarity and consistency.

3. Debate Over Hindi Nomenclature for New Criminal Laws (2024)

• Former Chief Justice of India, P. Sathasivam urged the government to retain English names for new criminal laws in line with Article 348.
• This debate arose after some new laws were proposed with titles in Hindi and Sanskrit.

Role of the Official Languages Act, 1963

• The Official Languages Act, 1963, correlates with Article 348.
• Section 7 allows State Governors, with the President’s approval, to permit judgments in Hindi or another state language.
• However, such judgments must be accompanied by an English translation to maintain accessibility.

Language Use in Subordinate Courts under Article 348 of Indian Constitution 

• While Article 348 governs higher judicial proceedings, subordinate courts follow state policies.
• Criminal Procedure Code (CrPC), 1973 (Section 272): State Governments decide the language of lower courts.
• Civil Procedure Code (CPC), 1908 (Section 137): States determine the script and language for legal applications and records.

Ongoing Debates and Challenges on Article 348 of Indian Constitution 

Debates and challenges relating to Article 348 are as under-

1. Calls for Regional Languages in Supreme Court Judgments

• In 2020, a member of an Uttarakhand Law Commission advocated for judgments of the Supreme Court of India to be delivered in regional languages for better public understanding.
• The challenge related to language lies in balancing linguistic inclusivity with legal uniformity.

2. Demand for a Unified Language Policy

• Some legal experts argue that a single language policy in courts can improve accessibility for common citizens.
• Others stress that English must be retained as a neutral language to avoid linguistic favoritism.

Conclusion

Article 348 of Indian Constitution provides a uniform legal language while permitting limited use of regional languages in High Courts. Current legal challenges and policy debates show the difficulties of balancing India’s linguistic diversity with the requirement for a unified legal structure. As discussions and debates still continue, the challenge remains how to make legal proceedings more accessible to people without compromising clarity and consistency.

FAQs 

1. What does Article 348 of Indian Constitution say regarding the language used in the Supreme Court of India and High Courts?

Article 348 mandates that all proceedings in the Supreme Court of India and every High Court of the states shall be in English, unless Parliament decides otherwise. 

2. Can states allow the usage of regional languages in the proceedings of the High Court under Article 348 of Indian Constitution?

Yes, under Article 348(2) of the Indian Constitution, the Governor of States, with the prior permission of the President , can allow the use of Hindi or any other official language of the state in the proceedings of the High Court. 

3. Do judgments by High Courts need to be in English as per Article 348 of  Indian Constitution?

Yes, even if regional languages are allowed in proceedings, Article 348(2) says explicitly that judgments, decrees, or orders passed by High Courts of the states must be in English. 

4. What is the importance of Article 348(3) in the Indian Constitution?

Article 348(3) permits state legislatures to use languages other than English for bills, acts, ordinances, etc., but needs an English translation to be published for understanding across states. 

5. Has the Supreme Court of India permitted the use of regional languages in High Court proceedings under Article 348 of Indian Constitution?

While some states have asked for permission to use regional languages in the proceedings of the High Court, the Supreme Court of India has refused these requests to maintain uniformity in legal proceedings. 

Source 

• Legal Glossary-Petition 
• Civil Procedure Code
• Criminal Procedure Code 
• Supreme Court of India 

Read also- Difference between Decree and Order – Judgment